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OIL RE-REFINING v. ENVIRONMENTAL QUALITY

(OAH 1001690; SC S063590).

388 P.3d 1071 (2017)

361 Or. 1

OIL RE-REFINING COMPANY, Petitioner on Review, v. ENVIRONMENTAL QUALITY COMMISSION, Department of Environmental Quality for the State of Oregon, Respondent on Review.

Supreme Court of Oregon.

February 9, 2017.

Attorney(s) appearing for the Case

Aaron J. Bell , Bell Law Firm, P.C., Wilsonville, argued the cause and filed the briefs for the petitioner on review.

Dustin Buehler , Assistant Attorney General, Salem, argued the cause and filed the brief for the respondent on review. Also on the briefs were Ellen F. Rosenblum , Attorney General, and Benjamin Gutman , Solicitor General.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, Baldwin, and Brewer, Justices, and Ortega, Judge of the Court of Appeals, Justice pro tempore.

This case requires us to determine the standard of liability for violations of two provisions of the hazardous waste laws: 40 CFR section 263.20(a)(1), as adopted by OAR 340-100-0002(1), which prohibits a transporter from accepting hazardous waste without a proper manifest form, and ORS 466.095(1)(c), which prohibits operating a hazardous...

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